Skip to main content

Reply to this post | Go Back
View Post [edit]

Poster: NAveryW Date: Dec 15, 2010 5:08pm
Forum: moviesandfilms Subject: Fleischer Gulliver's Travels Blu-ray: Public domain?

Though the 1939 movie itself is in the public domain, I wish to know if the HD version present on the Blu-ray version is public domain or if the fact that it has been "restored" and "enhanced" renders that particular version copyrighted.

I know the Blu-ray copy of the film isn't particularly good quality, but if one were to want to use clips from it in an HD project, it'd look better than a standard upscale.

Reply to this post
Reply

Poster: 3dbim Date: Aug 7, 2011 5:32am
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

Anyone can make or sell PD films. Anyone who does so can copyright it with new packaging, logo, and presented by (fill in the blank) and copyright it. It is that the particular package, compliation, or presentation is copyrighted not the PD content.
I am not a lawer, but; I am a musician who has copyrighted music, recordings and packageing many times.
I hope this is helpful :o)

Reply to this post
Reply [edit]

Poster: HektorT Date: Jan 23, 2011 4:59pm
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

In principle, BluRay is just a higher definition digital transfer of the film. Many studios claim enhanced, when all they did was color correct. Such "enhancements" do not qualify as a derivative product and therefore they are not eligible for a new copyright.

To be eligible for copyright, the enhancements must contain a creative element. So colorized films can be copyrighted, but digitally enhanced transfers cannot. In any event, if no copyright has been filed for the new version there should be no problem.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jan 23, 2011 5:33pm
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

I believe they have cropped the bottom and top off the frame and, in the process created a new frame/image, it is possible that they would be able to claim a justifiable copyright on the new transfer in the same way that a video company that pans and scans a widescreen image for 4:3 TVs is able to.

Reply to this post
Reply [edit]

Poster: HektorT Date: Jan 24, 2011 4:06am
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

Pan & Scan has a creative element as the film must be completely reframed in every scene. It is something like editing. But I don't think any panned and scanned work has ever tried to defend itself against PD use. Cropping, I think, would generally not be eligible for the minimum creativity requirement.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jan 24, 2011 5:35am
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

If the cropping process was done in a similar manner to panning and scanning but on the vertical that would be sufficiently creative to warrant a copyright claim.

In Maljack Productions Inc vs UAV Corp (1997), MPI was able to successfully contest that their pan and scan of "McLintock" was a new creative work and subject to full copyright protection.

Reply to this post
Reply [edit]

Poster: bigdaddyrico85 Date: Dec 29, 2010 10:38am
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

It's not PD. Anytime someone makes an enhancement on a film, even a crappy one, they can claim copyright on that enhancement. Good case in point. I have 8 copies of the Sinbad the Sailor Popeye cartoon from different companies and 7 of them feature a copyright for the "enhancements" they did. So, I would air on the side of caution and say no.